Daugherty v. Rogers’s Empirical Analysis
1889
Citation profile
60 state decisions
How this case has been cited
Cited by 60 later decisions — most recently July 2015 · most notably 153 Ind. App. 245 - Hauck v. Second National Bank of Richmond (1972), Bird v. Wilmington Society of the Fine Arts (1945)
60 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Patch v. White · Gilmer v. Stone · Ruch v. Biery · Parkinson v. State · Greenpoint Sugar Co. v. . Whitin
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘... It may often happen that persons or things, or the intention of the testator respecting them, may seem to be sufficiently defined by the terms of the will, and yet when the language employed, and the facts to which it refers, are brought in contact with each other, the language and the facts are so inharmonious as to leave the intention of the testator obscure. Thus an ambiguity arises, not upon the face of the will itself, but from facts therein referred to which are extrinsic to the instrument. This, according to the maxim of Lord Bacon, constitutes the every essence of a latent ambiguity, which he defines to be ‘that which seemeth certain and without ambiguity for anything that appeareth on the deed or instrument; but there is some collateral matter out of the deed that breedeth the ambiguity.’ Hawkins v. Garland, 76 Va. 149 ( 44 Am. Rep. 158 ). “ ‘An ambiguity which arises not upon the words of the will, deed, or other instrument, as looked at in themselves, but upon those words when applied to the object or to the subject which they describe,’ is a latent ambiguity. 1 Am. and Eng. Encyc. of Law, p. 530, and note.””
1 later decision quote this exact passage““Whenever, therefore, in applying a will to the objects or subjects therein referred to, extrinsic facts appear which produce or develop a latent ambiguity, not apparent upon the face of the will itself, since the ambiguity is disclosed by the introduction of extrinsic facts, the court may inquire into every other material extrinsic fact or circumstance to which the will certainly refers, as well as to the relation occupied by the testator to those facts, to the. end that a correct interpretation of the language actually employed by the testator in his will may be arrived at.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.